preiser v rodriguez summary

... Kritasky subsequently filed a civil rights action, combined with a petition for habeas corpus, in Federal District Court, alleging that his summary punishment had deprived him of his good time credits without due process of law. The District Court found Kritasky's complaint to be a proper civil rights action, and went on to rule that he had been ...

... Judge's recommendation, the District Court granted Close summary judgment on the ground that Muhammad had failed to present ... affecting its duration are the province of habeas corpus, Preiser v. Rodriguez, 411 U.S. 475, 500 (1973); requests for relief ...

..., he refrained from requesting that relief in light of Preiser v. Rodriguez, 411 U.S. 475, 500, under which the sole remedy in ...The same point was apparent in Heck 's summary of its holding:. "We hold that, in order to ...

...472, 477-478 (1990). See also Preiser v. Newkirk, 422 U.S. 395, 401 (1975). This means that, ...[ 3 ] Thereafter, and in summary fashion, we proceeded to accept the most generalized and ...In the manner of Preiser v. Rodriguez, 411 U.S. 475 (1973), I read the "general" § 1983 statute in ...

... 3 . In summary, we disapprove of sua sponte dispositions of cases over which the ... is not an appropriate or available federal remedy." Preiser v. Rodriguez, 411 U.S. 475, 494, 93 S.Ct. 1827, 1838, 36 L.Ed.2d ...

... Applying these standards on cross-motions for partial summary judgment, the District Court enjoined the practice of housing two ... See Preiser v. Rodriguez , 411 U.S. 475, 499-500 (1973). See generally ...

... foreclosed by the plain language of the Supreme Court in Preiser v. Rodriguez, 411 U.S. 475, 93 S.Ct. 1827, 36 L.Ed.2d 439 (1973), ... VI. In summary, we have a case in which the record before the district court ...

...), we modify the district court's order to reflect that summary judgment for the Defendants, rather than dismissal for failure to ...Preiser v. Rodriguez, 411 U.S. 475, 488-90 (1973). However, since these ...

... A. Preiser and its Progeny. The landmark precedent for ...Rodriguez, 411 U.S. 475, 93 S.Ct. 1827, 36 L.Ed.2d 439 (1973). Preiser held ... the district court, the judge shall make an order for its summary dismissal and cause the petitioner to be notified. Otherwise the ...

...The. district court granted summary judgment in favor of Appellee,. Warden Christopher Zych, on the grounds that Rodriguez ... challenge "the very fact or duration of his physical. imprisonment." See Preiser v. Rodriguez, 411. U.S. 475, 500 (1973). This Court has not directly addressed. whether ...